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Full-Text Articles in Contracts

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr. Dec 2008

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …


"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr. Nov 2008

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …


Suicide Attacks And Islamic Law, Muhammad Munir Dr. Mar 2008

Suicide Attacks And Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

Suicide attacks are a recurrent feature of many conflicts. Whereas warfare heroism and martyrdom are allowed in certain circumstances in times of war, a suicide bomber might be committing at least five crimes according to Islamic law, namely killing civilians, mutilating their bodies, violating the trust of enemy soldiers and civilians, committing suicide, and destroying civilian objects or properties. The author examines such attacks from an Islamic jus in bello perspective.


Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr. Mar 2008

Marriage In Islam: A Civil Contract Or A Sacrosanct?, Muhammad Munir Dr.

Dr. Muhammad Munir

Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Since 1886 Courts in the Indo-Pak subcontinent have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines some of the cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage in Islam is highlited are also discussed. Moreover, it examines the nature of marriage under Islamic …


Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise Dec 2007

Glazer And Fitzgibbon On Legal Opinions: Drafting, Interpreting And Supporting Closing Opinions In Business Transactions, Scott Fitzgibbon, Donald Glazer, Steven Weise

Scott T. FitzGibbon

No abstract provided.


The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon Dec 2007

The Principles Of Justice In Procreative Affiliations, Scott Fitzgibbon

Scott T. FitzGibbon

What's the Harm? is an interdisciplinary collection of perspectives on the question of harm--whether legalizing same-sex marriage will cause harm to society, and whether the denial of same-sex marriage causes harm to society. This clarifying and illuminating book explores the societal, familial, individual, and jurisprudential harms of the legalization or prohibition of same-sex marriage. The contributors wrestle with the "what's the harm" question from a variety of academic and professional perspectives, emphasizing the significance and impact of legalizing same-sex marriage for law, government, family relations, and child welfare. What's the Harm? is a valuable resource of diverse insights, arguments, and …


Five Decades Of Family Law, Sanford N. Katz Dec 2007

Five Decades Of Family Law, Sanford N. Katz

Sanford N. Katz

No abstract provided.


Una Contribución A La Defensa De La Causa Del Contrato Como El Signo Distintivo Del Civil Law, Rómulo Morales Dec 2007

Una Contribución A La Defensa De La Causa Del Contrato Como El Signo Distintivo Del Civil Law, Rómulo Morales

Rómulo Martín Morales Hervias

El concepto de causa del contrato es un signo distintivo del Civil Law francés e italiano que nos diferencia de los alemanes y de los anglosajones. Su utilidad dependerá de que en el futuro se use este concepto y a la larga sea nuestra carta cultural de presentación frente a otras experiencias jurídicas.